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(영문) 인천지방법원 부천지원 2018.08.22 2017가합103350
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On February 21, 2017, the deceased C (hereinafter “the deceased”) entered into an insurance contract on February 21, 2017 between the Plaintiff and the insurance period from February 21, 2017 to February 21, 2067, and the deceased and the beneficiary were the Defendant and entered into an insurance contract on the attached Table 1 List 2 (hereinafter “instant insurance contract”).

On February 24, 2017, the Deceased died of pulmonary tuberculosis as a private person on June 8, 2017, when he/she was diagnosed of pulmonary tuberculosis, etc. and was hospitalized after being transmitted to the D Hospital emergency room by the 119 Emergency Rescue Team on the ground of the overall pulmonary defrison.

(hereinafter “instant insurance accident”). On June 30, 2017, the Defendant claimed insurance money in relation to the Plaintiff’s death and injury treatment and death of the deceased, as the beneficiary of the instant insurance contract, as a beneficiary at the time of death.

On September 8, 2017, the Plaintiff presented the deceased’s opinion on the possibility of violating the duty of disclosure prior to the conclusion of the instant insurance contract, and terminated the instant insurance contract against the Defendant on September 27, 2017.

Of the terms and conditions of the instant insurance contract, the contents related to this case are as shown in attached Form 2.

[Ground for Recognition: Unsatisfy Facts, Gap evidence 1 through 7, 13 through 15, including branch numbers; hereinafter the same shall apply)

(1) The Plaintiff Deceased, at the time of the conclusion of the instant insurance contract, was extremely weak and clearly aware of the symptoms of the military register.

Although such health condition of the deceased was not subject to the question of the questionnaire attached to the application of the insurance contract of this case (hereinafter “instant questionnaire”), the deceased was subject to the duty of disclosure as “important matters” under Article 651 of the Commercial Act, the deceased did not intentionally notify the Plaintiff of important matters.

The Plaintiff terminated the instant insurance contract in accordance with Article 651 of the Commercial Act.

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